FYI
My dear District Governor Tan Swee Kok,
I thank you for your prompt response and the desire to clear the air, however I stand by my statements and I have not made any misleading statements nor do I desire to mislead.
2nd VDG and I have abstained from voting for the proposal at 3rd Cabinet Meeting in Cameron Highlands; however our views and reasons for abstention were never effectively conveyed to the members, and we have received numerous calls from many members who want us to explain our abstention. We have also tried to communicate directly to your goodself the reasons for our abstention, and requested the proposal to be withdrawn, however District Governor choose to hold a different view and proceed ahead with the proposal. I respect District Governor's decision to differ from our views; as such the letter sent is factual without any personal issues being raised. As this proposal is to be voted upon, we are practicing the basis of democracy and open debate, giving the delegates the opportunity to understand a differing view, explaining why the proposal of replacement of our present constitution with the LCI Standard District Constitution and By Law is incorrect, and in our humble opinion, the correct procedure is to amend and not replace our present Constitution and By-law, as that being carried out with MD 308 Constitution and By Law.
Our statements circulated are not misleading and they are also not allegations. Let us examine the wordings of the proposal that is:
“BE IT RESOLVED, that the delegates accept the proposal approved at the 3rd District 308 B2 Cabinet Meeting held on 20th January 2013 in Cameron Highlands to REPLACE the present Constitution and By-Laws registered with the Registrar Of Society Malaysia on 14th March 2011 by the Standard Form of the Constitution and By-Laws (Revised July 1st, 2012) which was provided and approved by The Association of Lions Clubs International"
I appreciate that in your reply you are now using the term "the amended version of the District C& BL" in the second paragraph ,and did not use the word “replace”, does this mean that you now also hold our view that the correct procedure is to amend our District Constitution and By-Laws, and not to replace it ? If so then kindly withdraw the proposal because it does not reflect what District Governor is presently saying. The Standard Form is the standard form, there is no other Standard Form, worse still District Governor should not unintentionally bring our whole District in to disrepute by creating our own Standard Form.
I beg to differ when you state we have broken the DG Team spirit, I hold the District Governor in deep respect, and as such the DG Team spirit can not be broken. However if both of us had not given our views to the members and delegates the reasons for our abstention and in my humble opinion allowed a wrongful action or proposal to be carried, without taking the appropriate actions, I will find it very difficult to live with my conscience. Having given our views and opinions, as in a democracy, we leave it to the delegates and their maturities to vote on what they think are correct. By giving a different view especially one which is factually supported we are not breaking the DG team spirit, and instead I am hoping that many eminent senior Lions will be able to assist us in convincing DG not to make an error, before it is carried through. I humbly believe that it is in the interest of the District and the unblemished good leadership of the DG to withdraw this proposal. However, I also respect and recognize that DG may choose to hold a different opinion, and continue not to heed our advice. Having given my views and carried out my duties, I continue to hold DG in great respect and know that I will still continue to work closely with you in other matters.
Finally on a lighter note, I wish to say I cannot "jump the gun". There is no gun to jump from. As I state earlier, it is my humble opinion that District 308 B2 cannot and must not create our own Standard Form of Constitution & By-Laws (Revised 2012).
With regards
Lee Boon Hoe
1st Vice District Governor
My dear 1st VDG Boon Hoe,I fully understand you and 2nd VDG Ooi's discontentments. As leaders we do not let the misunderstanding get blown out of proportion. As a result of your discontentment, I write to clear the air of confusion and your misleading allegations.First! you have not seen the amended version of the District C&BL. Why such comments?Second! by circulating your comments to all and sundry, you have broken the DG Team spirit.Third! you and 2nd VDG Ooi,... jumped the gun.At the time of writing, the amended C&BL is at a progressing stage. Once it is fine-tuned, I'm calling a briefing of the DG Team and those Lions concern for a preview of the amended version of the C&BL.In the mean time, the notice of briefing will be called, once the amended C&BL is ready.I hope you both understand the situation.Thank you.Service with Courtesy Compassion Courage.Regards,Tan Swee KokDistrict Governor.
FYI
Reply from Lions Clubs International Legal Division, Senior Attorney
Pena, Amy Amy....@lionsclubs.org on 9th March 2013 @ 3:42 AM
Dear First Vice District Governor:
Thank you for your email. This issue has been brought to my attention for review and response. As an initial matter, Lions Clubs are required to comply with the local law of the jurisdiction in which they operate. The International Constitution and By-Laws require that Districts adopt a constitution and by-laws that are in accordance with the International Constitution and By-Laws. It is not required for districts to adopt the Standard Form District Constitution and By-Laws. This document is intended as guidance and if used, should be amended to take into consideration local practice and custom.
The proposal to replace an entire constitution and by-laws would be similar to amendment procedures. The same requirements for amendment would be required for replacement. It is recommended that you have an appropriate committee, such as the District Constitution and By-Laws committee review the matter and determine if the proper amendment procedures were followed. If there are concerns regarding the proper procedures followed, these should be raised with the District Governor and if not resolved, could be subject to the District Dispute Resolution Procedure found here: http://www.lionsclubs.org/EN/member-center/resources/publications/resources-pub-legal.php .
Please feel free to contact me with additional inquiries.
Very truly yours,
Amy J. Peña
Senior Attorney
Lions Clubs International
300 W. 22nd Street
Oak Brook, Illinois 60523
Phone: 630-468-6718
Fax: 630-706-9067
email: amy....@lionsclubs.org